President Donald Trump has taken a significant step to curtail the federal government's ability to prosecute citizens for violations of obscure regulations established by unelected agencies.
The executive order, titled "Fighting Overcriminalization in Federal Regulations," aims to limit prosecutions to cases where there is clear evidence of intentional wrongdoing.
The Blaze reports that the executive order highlights the excessive nature of federal regulations, noting that the Code of Federal Regulations comprises over 48,000 sections and extends across 175,000 pages. This vast body of regulations is far beyond the capacity of any individual to fully comprehend, and many of these regulations carry potential criminal penalties.
The order mandates that federal agencies compile and publicly disclose a list of regulations with criminal penalties within a year. It also emphasizes the need to prioritize prosecutions against individuals who knowingly violate regulations, rather than those who do so unintentionally.
The order has garnered support from advocates of limited government, including Laura Powell, an attorney with Californians for Good Governance. Powell criticized the current state of the federal regulatory code, stating, "The federal regulatory code, spanning 175,000 pages, contains countless criminal offenses literally countless, as no one knows the exact number."
She argued that this lack of clarity infringes on the due process requirement of fair notice, allowing the administrative state to operate as an unaccountable fourth branch of government, circumventing Congress's legislative authority. Powell praised the executive order as "a step in the right direction for people who value freedom and the rule of law."
Steven Nekhaila, chair of the Libertarian Party, also commended the order, describing it as a positive move toward restoring individual liberties and reducing governmental overreach. However, he cautioned that this should only be the beginning of efforts to simplify the federal regulatory code.
"President Trumps recent executive order addressing the over-criminalization of federal regulations is a commendable step toward restoring individual liberties and curbing governmental overreach," Nekhaila stated. He urged for ongoing vigilance and action to ensure that laws protect rights rather than penalize inadvertent noncompliance.
The Heritage Foundation echoed these sentiments, referencing James Madison's warning about the dangers of overcriminalization. Madison famously wrote, "It will be of little avail to the people that laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood."
This historical perspective underscores the importance of ensuring that laws are clear and accessible to the public.
This executive order represents a pivotal moment in the ongoing debate over the balance of power between the federal government and individual freedoms. By addressing the issue of overcriminalization, President Trump has taken a decisive step toward reining in the administrative state and reaffirming the principles of limited government and personal liberty.
As the nation moves forward, the challenge will be to continue dismantling the complex web of regulations that threaten to encroach upon the freedoms of American citizens.
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